Government Use Exception

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Geographical Restrictions: In the United States, prior user rights only apply to commercial uses that occurred within the country. International use generally does not qualify for this protection. 2.2. Why It Matters Prior user rights balance the interests of inventors and companies by protecting early adopters who may have chosen not to patent their innovation solomon islands b2b leads For example, a company might keep a process as a trade secret rather than file a patent. If someone else later patents a similar process, the prior user rights allow the original user to continue their commercial activities without infringement claims.


This protection ensures that new patents do not unfairly interfere with long-standing business operations. 3.The government use exception is a provision in patent law that allows government entities to use a patented invention without the consent of the patent holder. This exception ensures that patent restrictions do not impede essential government functions or public needs. While the patent holder cannot prevent such use, they are usually entitled to monetary compensation. 3.1. Legal Basis The government use exception is set forth in 28 U.S.C. § 1498, which grants the U.